EPA v. THONI OIL MAGIC BENZOL GAS STATIONS, INC

Case summary

BACKGROUND THIS MATTER AROSE AS A RESULT OF A RANDOM INSPECTION CONDUCTED ON JULY 23, 1981, BY EPA CONTRACT INSPECTORS OF A GASOLINE RETAIL OUTLET LOCATED AT 3402 SOUTH DALE MABRY, TAMPA, FLORIDA, WHICH WAS AOWNED AND OPERATED BY THONI OIL MAGIC BENZOL GASOLINE STATIONS OF FLORIDA, INC. (THONI OIL). DURING THIS INSPECTION, THE EPA INSPECTORS OBSERVED A THONI OIL EMPLOYEE INTRODUCE LEADED GASOLINE INTO A BLUE 1979 CHEVROLET SIERRA PICK-UP TRUCK, IN VIOLATION OF THE FEDERAL UNLEADED GASOLINE REGULATIONS, 40 C.F.R. PART 80. THIS MOTOR VEHICLE HAD LABELS STATING UNLEADED GASOLINE ONLY AFFIXED AT THE FILLER INLET AND ON THE DASH. AN ADMINISTRATIVE COMPLAINT WAS ISSUED AGAINST THONI OIL ON NOVEMBER 12, 1981, WHEREIN A PENALTY OF $7,000, WAS PROPOSED. BEFORE FURTHER ACTION ON THIS COMPLAINT COULD OCCUR, HOWEVER, THE DECISION IN TRANSPORTATION, INC. WE HANDED DOWN BY EPA'S JUDICIAL OFFICER, WHICH HAD THE RESULT OF INVALIDATING THE ADMINISTRATIVE TREATMENT OF CASES UNDER THE UNLEADED GASOLINE REGULATIONS. THONI OIL WAS CONTACTED BEGINNING IN JANUARY, 1983 TO ATTEMPT SETTLEMENT OF THIS CASE. EPA OFFERED TO SETTLE FOR $2,800, WHICH WAS WITHIN EPA GUIDELINES FOR SETTLEMENT OF SUCH CASES. ON JUNE 27, 1983, COUNSEL FOR THONI OIL AD- VISED EPA THAT HIS CILIENT WOULD NOT SETTLE. CAUSE OF ACTION A CIVIL ACTION SHOULD BE BROUGHT IN U.S. DISTRICT COURT AGAINST THONI OIL FOR A SINGLE VIOLATION OF 40 CFR 80.22(A), WHICH PROHIBITS GASOLINE RETAILERS FROM INTRO- DUCTING LEADED GASOLINE INTO MOTOR VEHICLES WHICH ARE DE- SIGNED FOR UNLEADED FUEL. THE EPA INSPECTORS CLEARLY DOCU- MENTED THIS VIOLATION. PROPOSED REMEDY SECTION 211(D) OF THE ACT, 42 U.S.C. 7545(D) PROVIDES THAT PERSONS WHO VIOLATE THE UNLEADED GASOLINE REGULATIONS SHALL PAY A PENALTY OF $10,000 PER DAY OF VIOLATION.A CIV- IL PENALTY OF $10,000 SHOULD BE SOUGHT HERE. 04-04-86: SETTLEMENT REACHED AND FILED WITH COURT ON 12/13/85; AWAIT PUBLICATION OF FED. REG. NOTICE BY DOJ. SETTLEMENT CALLS FOR $4000 CASH PLUS A PREVENTATIVE ACTION PROGRAM (P.A.P.).

Defendants (1)

• THONI OIL MAGIC BENZOL GAS STA OF FL INCNamed in complaintNamed in settlement

Facilities (1)

• THONI OIL MAGIC BENZOL GASOLIN

  3012 SW 8 ST, TAMPA, FL, 33619

  Registry ID: 110010703685

Statutes cited

• CAA 211 — Regulation of Fuels - Motor Vehicle and Engine Fuels

Enforcement conclusions (1)

• THONI OIL MAGIC BENZOL GAS STATIONS, INCentered 1986-07-18

  Primary law: CAA

  Federal penalty: $4,000

Timeline (7 milestones)

• 1981-07-23Referred To Headquarters
• 1983-11-01Referred To Dept Of Justice
• 1984-01-31Complaint Filed With Court
• 1986-07-18Final Order Lodged
• 1986-07-18Final Order Entered
• 1986-07-18Concluded
• 1997-03-31Enforcement Action Closed